Shanthi v. The Secretary to Government,

ORDER (Order of the Court was made by N.Sathish Kumar J.) The order of detention passed by the second respondent in C.M.P.No.102/Goonda/Salem City/2025, dated 05.12.2025 is sought to be quashed in the present Habeas Corpus Petition.

¶2Heard the learned counsel for the petitioner and the learned Government Advocate appearing for the respondents.

3.Though several grounds have been raised by the petitioner in the habeas corpus petition assailing the detention order, in the hearing, learned counsel for the petitioner mainly focussed his argument on the ground that page Nos.14, 16 & 18 in Volume II supplied to the detenu is illegible, which prevented the detenu from making an effective representation against the impugned order of detention. Thus, the detention order is vitiated and the same is liable to be quashed.

4.The said submission made by learned counsel appearing for the petitioner has not been disputed by learned Government Advocate. Page2 of 6

5.A perusal of the booklet supplied to the detenu would show that page Nos.14, 16 & 18 in Volume II supplied to the detenu is illegible. As such, we find that the furnishing of the illegible copies would prejudice the detenu in making an effective representation against the impugned order of detention, dated 05.12.2025.

6.Hon'ble Supreme Court in State of Manipur Vs. Buyamayum Abdul Hanan reported in (2022) 19 SCC 509 has held that supply of the illegible copy of documents which has been relied upon by the detaining authority has deprived the detenu in making an effective representation. Relevant paragraphs of Hon'ble Supreme Court are paragraphs 22 and 23 and the same read as follows: '22. Thus, the legal position has been settled by this Court that the right to make representation is a fundamental right of the detenu under Article 22(5) of the Constitution and supply of the illegible copy of documents which has been relied upon by the detaining authority indeed has deprived him in making an effective representation and denial thereof will hold the order of detention illegal and not in accordance with the procedure contemplated under law.

23. It is the admitted case of the parties that Respondent 1 has failed to question before the detaining authority that illegible or blurred copies were supplied to him which were relied upon while passing the order of detention, but the right to make representation being a fundamental right under Article 22(5) of the Constitution in order to make effective representation, the detenu is always entitled to be supplied with the legible copies of the documents relied upon by the detaining authority and such information made in the grounds of detention enables him to make an effective representation. ' Page3 of 6 Therefore, we are inclined to set aside the impugned detention order on the ground that supply of illegible copies of documents relied on by the detaining authority has caused prejudice to the detenu in making an effective representation against the impugned order of detention.

¶7In the result, this Habeas Corpus Petition is allowed and the detention order passed by the second respondent in in C.M.P.No.102/Goonda/Salem City/2025, dated 05.12.2025 is hereby set aside. The detenu , viz., Saravanan, aged 28 years, S/o Duraisamy is directed to be set at liberty forthwith unless he is required in connection with any other case. (N.S.K.,J.) (K.R.S.,J.) 13-08-2026 Index: Yes/No Speaking/Non-speaking order MST Page4 of 6 To

¶1The Secretary to Government, Home, Prohibition and Excise Department, Fort St.George, Chennai - 600 009.

¶2The Commissioner of Police, Salem City, Salem District.

¶3The Superintendent of Police, Central Prison-Salem, Salem District.

¶4The State Rep.by its, The Inspector of Police, Veeranam Police Station, Salem District.

¶5The Public Prosecutor, Chennai. Page5 of 6 HCPoNo.o468oofo2026 N.SATHISHoKUMAR,oJ. AND K.RAJASEKAR,oJ. MST HCPoNo.o468oofo2026 13-08-2026 Page6oofo6

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 13-08-2026 CORAM THE HON'BLE MR JUSTICE N. SATHISH KUMAR AND THE HON'BLE MR.JUSTICE K.RAJASEKAR Shanthi, W/o. Duraisamy, No.4/82A, Mannarpalayam, Salem District. ..Petitioner(s) Vs 1. The Secretary to Government, Home, Prohibition and Excise Department, Fort St.George, Chennai - 600 009. 2. The Commissioner of Police, Salem City, Salem District. 3. The Superintendent of Police, Central Prison-Salem, Salem District. 4. The State Rep.by its, The Inspector of Police, Veeranam Police Station, Salem District. ..Respondent(s) Prayer: Habeas Corpus Petition filed under Article 226 of the Constitution of India to issue Writ of Habeas Corpus to call for the entire records, relating to the petitioner's son detention under Tamil Nadu Act 14 of 1982 vide detention order dated 05.12.2025 on the file of the Second Respondent herein made in proceedings C.M.P.No.102/Goonda/Salem City/ 2025, quash the same as illegal and consequently direct the respondents herein to produce the petitioners son namely Saravanan S/o. Duraisamy, aged 28 years before this Court and set him at Liberty. Page1 of 6 For Petitioner(s): Mr. W.Camyles Gandhi For Respondent(s): Mr.M.Mohamed Riyaz